DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 00916-08
12 January 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the
United States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 8 January 2009. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted
of your application, together with all material submitted in
support thereof, your naval record and applicable statutes,
regulations and policies. The Board was unable to obtain your
naval health record from its custodian, the Department of
Veterans Affairs (VA).
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you were discharged from the Navy under
honorable conditions on 8 October 1980 at the expiration of your
enlistment. You underwent a Department of Veterans Affairs (VA)
examination during March 1981, and no psychiatric condition was
diagnosed at that time. On 21 November 2007, the VA granted
your request for service connection for major depression, and
awarded you a disability rating of 30% for that condition
effective 29 May 2002. That action was based on the VA's
determination that you had experienced symptoms of a depressive
disorder while serving on active duty.
In order to be separated or retired by reason of physical
disability, a service member must be found unfit to reasonably
perform the duties of his office, grade, rank or rating by
reason of physical disability at the time of his separation or
retirement. Although you may have had symptoms of a depressive
disorder while serving on active duty, there is no indication in
the available records that you were unfit for duty because of
the effects a depressive disorder, or that your performance
deficits were caused by or otherwise related to such a disorder.
The Board concluded you failed to demonstrate that you should
have been retired by reason of physical disability with a fully
honorable characterization of service. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such
that favorable action cannot be taken. You are entitled to have
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board. In this regard, it is important to keep in mind that
a presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official
naval record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
TR DD Kos
ROBERT D. SALMAN
Acting Executive Director
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